Last Updated January 5, 2015
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE WEBSITE ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view any of the Website.
We may at any time revise these Terms by updating these Terms. The "Last Updated Date" at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Website constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Website (or any portion thereof), with or without notice to you, and you agree that Alpha Magnet shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Website.
Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Website.
Certain features of the Website may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature.
NOTE THAT THESE TERMS APPLY ONLY TO THIS WEBSITE: WWW.ALPHAMAGNET.COM.
This Website is for your personal, non-commercial use. Any other use of the Website requires the prior written consent of Alpha Magnet.
1. Ownership of Rights and Limitation of Website Use.
All contents on this Website and all copyrights, trademarks and any other intellectual property rights related to these contents are owned by Alpha Magnet companies, or the third party owner of such contents. Except to the extent expressly permitted by applicable law, no content on this Website may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of Alpha Magnet or the owner of the contents.
Alpha Magnet grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Website. Alpha Magnet may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Alpha Magnet reserves the right to add, delete, or modify these Terms or the contents of this Website at any time without notice. You acknowledge and agree that Alpha Magnet will not be liable to you or any third party for any such modification, suspension, discontinuation, or cancellation of any or all of the Website’ operation.
2. Restrictions on Accessing and Using the Website
As a condition to accessing and using the Website in accordance with the license granted to you under these Terms, you agree to comply with the following rules:
a. You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the Content or other material displayed on the Website, including without limitation, the respective copyrighted materials, names, logos, or other trademarks of Alpha Magnet, for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary;
b. You may not access or use any of the Website in any way that could or is intended to damage or impair the operation of the Website, or any Content of or material displayed on any of the Website, or any server or network underlying the Website, or in any way that interferes with anyone else's use and enjoyment of any of the Website;
c. You may not frame or use framing techniques to enclose any part of the Website;
d. You may not access or use any of the Website in any way that could or is intend to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, their rights of privacy or publicity;
e. You may not "spam" others or "phish" for, collect or store personal information about others;
f. You may not access or attempt to access any data, information, system or servers on which the Website are hosted or modify or alter the Website in any way;
g. You may not transmit or broadcast any commercial messages, text, photographs, video or audio content to or through any of the Website; and
h. You may not link or "deeplink" to, frame, or otherwise, reproduce any of the Website without our prior consent.
In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Website.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
3. Mobile Services/Applications Available Through the Website
If permitted or available through any feature or service on any of the Website, you (a) upload content to any of the Website or download content from any of the Website via a mobile device, (b) receive and reply to messages from or on any of the Website, or to access or make posts using text messaging, (c) browse any of the Website from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Alpha Magnet makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
Your use of certain of the Mobile Services may incur charges and be subject to other terms from Alpha Magnet, which charges and other terms will be provided to you via separate terms and conditions for the applicable Mobile Services. For instance, all terms and conditions applicable to your use and download of a smartphone application may be found on the applicable App Store website. Additionally, please check your wireless plan because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via e-mail or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
4. Downloads from the Website
When you download any Content from any of the Website (a "Download"), you understand that it is owned by Alpha Magnet, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Alpha Magnet hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer and/or mobile device that is compatible solely for your own personal non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Website, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Website. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Alpha Magnet’s operations or the Website.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, ANY PAGE(S) THEREIN, AND/OR ANY SERVICE(S) OF THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE WEBSITES, ANY SERVICE(S) OF THE WEBSITES, AND ANY DOWNLOAD(S), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
5. Identity Authentication
You authorize Alpha Magnet, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your Information against third party databases or through other sources.
6. Third Party Links and Access
The Website may contain links to other Websites ("Third-Party Website") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). Such Third-Party Website and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and Alpha Magnet is not responsible for any Third-Party Website accessed through the Website or any Third-Party Applications, Software or Content posted on, available through or installed from the Website, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Website or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Alpha Magnet Entities).
If you decide to leave any of the Website and access the Third-Party Website or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms and any other Alpha Magnet terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and any Third-Party Applications, Software or Content to which you navigate from any of the Website or relating to any applications you use or install from any of the Website.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third Party. NO ALPHA MAGNET ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO ALPHA MAGNET ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE OR MOBILE WEBSITE LINKED TO THE WEBSITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE WEBSITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE OR MOBILE WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE OR MOBILE WEBSITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Website or any Content or other information on any Third-Party Website or in any Third-Party Applications, Software or Content must follow the Guidelines for External Website set forth herein.
If you would like to use Content or information or provide a link to any part of any of the Website from any Third-Party Website or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws.
External Third Party Website Use of Alpha Magnet Information
Third-Party Website must have prior written approval before using any text, trademarks, graphics, photographs, or other materials or content from any Alpha Magnet source, such as any of the Website, and other websites, brochures or other media operated or provided by any Alpha Magnet Entity.
Third-Party Website and Third-Party Applications, Software or Content may use brand or model names in Website text only to the extent reasonably necessary to identify Alpha Magnet, LLC’s products. Any other use of any Alpha Magnet Trademark is prohibited without prior written Alpha Magnet approval.
External Third-Party Website Naming Guidelines
Third-Party Website and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of Alpha Magnet and/or its affiliated companies, without prior written Alpha Magnet approval.
Third-Party Website and Third-Party Applications, Software or Content must not in any way imply that Alpha Magnet, LLC. is endorsing it or its products or services; must not misrepresent its relationship with Alpha Magnet, LLC.; must not present false information about Alpha Magnet, LLC.; must not be a Website that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a website that contains content that could be construed as distasteful, offensive or controversial.
Linking to any of the Website
Third-Party Website and Third-Party Applications, Software or Content may not use links to any part of any of the Website in any way that implies sponsorship by or affiliation with Alpha Magnet, LLC. Furthermore, when linking to any part of the Website, the Third-Party Website and Third-Party Applications, Software or Content may not appear as a frame within the applicable page(s) of the Website that provides the link or appear in any way that makes the destination website appear to be content belonging to the website containing the link.
External Third-Party Website Disclaimer
Any Third-Party Website and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Website must include a prominently displayed disclaimer on the home page stating that such Third-Party Website is not authorized by or affiliated with Alpha Magnet, LLC.
8. Copyright Agent
We respect the intellectual property of others, and we ask all Visitors to the Website to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on any of the Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:
a. A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
C/O Alpha Magnet, LLC.
18200 Yorba Linda Blvd. Suite 209
9. INDEMNITY AND HOLD HARMLESS
You agree to defend, indemnify and hold harmless Alpha Magnet and its parent, subsidiaries and affiliates, and their respective advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, "Alpha Magnet Entities", each a "Alpha Magnet Entity"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Website, your breach or alleged breach of any of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
10. DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Website is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Website.
The Website and the Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Alpha Magnet makes no warranties that the Website or any Content or other material obtained through herein will meet your requirements, or that the Website will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Website, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of any of the Website, or errors or omissions in any Content or other materials on or through the Website. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Website is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on the Website is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Website.
11. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY.
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH ALPHA MAGNET ENTITY FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE WEBSITES.
(a) Severability: If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(b) Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of California, without reference to its conflict of law principles.
(c) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Website and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(d) Waiver: The remedies of Alpha Magnet set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is Alpha Magnet’s goal that the Website meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Alpha Magnet is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Alpha Magnet, you acknowledge and agree that you will first give Alpha Magnet an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to:
Alpha Magnet Customer Assistance Center
18200 Yorba Linda Blvd. Suite 209
Yorba Linda, California, 92886
You then agree to negotiate with Alpha Magnet in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Alpha Magnet’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Website and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Alpha Magnet or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Alpha Magnet and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by JAMS. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Alpha Magnet as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Alpha Magnet agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of any of the Website, then prior to accessing and/or using any of the Website, you may opt-out of this part of the Terms by sending written notification to the following address:
Alpha Magnet Customer Assistance Center
18200 Yorba Linda Blvd. Suite 209
Yorba Linda, California, 92886
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE WEBSITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND ALPHA MAGNET BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.
14. Contact Us
If you have any questions, complaints or claims about any of the Website, or if you are having any technical difficulties with any of the Website, please contact us at:
Alpha Magnet Customer Assistance Center
18200 Yorba Linda Blvd. Suite 209
Yorba Linda, California, 92886